Assault and Threats in a Public Park: Your Legal Rights and Remedies Under Indian Law

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Rohan Gupta, a nineteen-year-old resident of Gomti Nagar, Lucknow, had been visiting a municipal garden near his locality for several days in a row through mid-March 2025. He and two friends would play cricket there in the mornings, as the ground was a government-maintained open space designated for public recreation. One morning, the ball flew high but landed cleanly within the boundary of the park. A man living in a building adjacent to the garden began shouting aggressively, claiming the group had been warned before, which they had not. Rohan calmly tried to explain this. Things went sideways fast. The man's father then climbed down from the building, walked up to Rohan, and physically shoved him repeatedly while using extremely abusive language. He also issued a direct threat: he would come to Rohan's home and assault him there.

Shaken and unsure of his rights, Rohan initially tried to lodge a complaint at the local police station on his own. The officers were dismissive, treating it as a neighbourhood quarrel. No action was recorded. His family then approached Advocate Sudhir Rao, who immediately recognised the matter as involving cognizable offences under the Bharatiya Nyaya Sanhita, specifically physical assault and criminal intimidation. A structured complaint was filed with the appropriate authority, backed by witness statements and a documented account of the threat. The matter was taken up formally, and the aggressors were issued a legal notice. The intervention brought the situation under control and gave Rohan the legal protection he needed.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Do not retaliate physically or verbally: Any counter-aggression on your part — even in self-defence — can complicate your case. Keep calm and document everything instead.

Preserve evidence immediately: If there are CCTV cameras near the park or on adjacent buildings, request the footage be preserved before it's overwritten. Eyewitness accounts from fellow players or bystanders are equally valuable.

Inform your local police in writing: Even if the police seem reluctant to act, submit a written complaint and retain a copy with acknowledgement. This creates an official trail that's hard to ignore later.

And here's the thing — cases involving public assault, intimidation, and threats carry specific procedural steps under the BNSS that are often unfamiliar to general practitioners. An advocate with regular experience in criminal matters of this nature is better placed to identify the right sections, gather admissible evidence, and engage with the police effectively.

Applicable Sections of Law

This matter is criminal in nature. The following provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are directly applicable:

• Section 131 BNS (Assault): Applies where the accused made gestures or preparations intending to cause apprehension of use of criminal force.
• Section 132 BNS (Criminal Force): Directly covers the physical pushing and shoving inflicted on the complainant without consent.
• Section 351 BNS (Criminal Intimidation): Covers the threat to enter the complainant's home and cause bodily harm, made to cause alarm.
• Section 352 BNS (Intentional Insult with Provocation): Covers deliberate use of abusive language intended to provoke a breach of peace.
• Section 173(4) BNSS: Governs the right to approach the Superintendent of Police if the local station refuses to register an FIR.

Punishment and Penalties

Frankly, people underestimate how seriously these offences are treated once the right sections are invoked. Here's what the law prescribes:

• Section 132 BNS (Criminal Force): Imprisonment up to three months, or fine up to Rs. 1,500, or both. Non-cognizable, bailable, compoundable.
• Section 351 BNS (Criminal Intimidation): Imprisonment up to two years, or fine, or both. Where the threat is of death or grievous hurt, imprisonment may extend to seven years. Cognizable, bailable (for simple form), non-compoundable.
• Section 352 BNS (Intentional Insult with Provocation): Imprisonment up to two years, or fine, or both. Non-cognizable, bailable, compoundable.
• Where multiple offences are charged together, courts assess each independently at the time of sentencing.

Jurisdiction — Where to File the Case

The FIR must be filed at the police station within whose territorial jurisdiction the incident took place. Since the assault and threats occurred in a municipal park in Gomti Nagar, the complaint would go to the police station covering that locality. For cognizable offences like criminal intimidation under Section 351 BNS, the police are obligated to register the FIR. Non-cognizable offences require an order from a Magistrate before investigation. If the police decline, the complainant can approach the Chief Judicial Magistrate's court in the same district. Jurisdiction matters because filing in the wrong station can cause delays and procedural complications that weaken the case.

What if Police Refuse to File FIR?

Refusal isn't just unhelpful. It's actually illegal. As held in Lalita Kumari v. Government of UP, 2014, the police are bound by law to register an FIR when a cognizable offence is disclosed. If they refuse, the following steps apply:

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, with a copy of the original complaint attached.
• File a private complaint directly before the Chief Judicial Magistrate under Section 175(3) BNSS.
• If the Magistrate's court also fails to act, approach the High Court by filing a writ petition under Article 226 of the Constitution seeking a direction to register the FIR.
• Keep certified copies of all written communications with the police station as evidence of the refusal.

Rights of the Accused

Now, before you act, understand this — if the other party files a counter-case against you, or if you find yourself being investigated, you have the following rights:

• Right against self-incrimination: Under Article 20(3) of the Constitution, no person accused of an offence can be compelled to be a witness against himself.
• Right to legal representation: Article 22 guarantees the right to consult and be defended by a legal practitioner of your choice.
• Right to be produced before a Magistrate within 24 hours of arrest, as mandated under Article 22(2) and Section 58 BNSS.
• Right to know grounds of arrest and to receive a copy of the FIR, as confirmed in D.K. Basu v. State of West Bengal, 1997.
• Right to silence during interrogation without adverse inference being drawn at the stage of bail.

Bail Provisions

Offences under Section 132 BNS and Section 352 BNS are bailable. Bail can be claimed as a right at the police station itself, without approaching a court at all. But for criminal intimidation under Section 351 BNS in its aggravated form, the offence may be non-bailable, and a regular bail application under Section 480 BNSS would need to be filed before the Magistrate. If there's a reasonable apprehension of arrest before any FIR is even registered, anticipatory bail under Section 482 BNSS can be sought from the Sessions Court or the High Court. Bail conditions typically include appearance at the police station, non-tampering with witnesses, and surrendering travel documents in serious matters.

Quashing of FIR / Case

If an FIR is filed against you and you believe it's false, retaliatory, or discloses no cognizable offence, you can approach the High Court under Section 528 BNSS, which preserves the court's inherent powers to quash proceedings. The Supreme Court in State of Haryana v. Bhajan Lal, 1992 laid down specific categories where quashing is appropriate, including cases where allegations, even if taken at face value, don't constitute an offence. Where the offence is compoundable, a compromise between the parties can support a quashing petition. Quashing is a strategic option, but timing and grounds must be carefully assessed by an advocate experienced in criminal matters.

If You Are the Victim

Don't wait. Evidence disappears quickly, and witness memories fade faster than you'd expect.

• File a written complaint at the local police station immediately, even if the officers seem reluctant. Retain the acknowledgement copy without fail.
• Get a medical examination done if you sustained any physical injury from the pushing or assault. A medico-legal certificate is strong evidence.
• Collect contact details of all witnesses who were present during the incident, including fellow players and bystanders.
• Do not engage with the accused or their family on phone, message, or in person without legal guidance, as any communication can be misrepresented.
• Approach an advocate promptly so that witness memories are fresh and evidence is gathered before it's lost or altered.

Documents You Must Keep Ready

• Aadhaar card or any government-issued photo identity proof
• Copy of the written complaint filed at the police station, with acknowledgement
• Medico-legal certificate if physical injury was sustained
• Photographs or video recordings of the incident, if available
• CCTV footage from park premises or adjacent buildings (request preservation in writing)
• Names and contact details of eyewitnesses
• Any WhatsApp messages, calls, or social media posts where threats were reiterated after the incident
• Copy of the FIR once registered

What Evidence Is Required?

This is where most victims slip up — they assume the complaint alone is enough. It isn't.

• Eyewitness testimony: Fellow players and any bystanders who witnessed the assault and threats. This is primary oral evidence under Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
• CCTV footage: Video from cameras near or inside the park constitutes electronic evidence and must be supported by a certificate under Section 63 BSA.
• Medico-legal certificate: Confirms physical contact and injury, directly corroborating criminal force.
• Call records or messages: Any threats repeated through phone or messaging apps after the incident.
• Photographs of the location: Showing the boundary of the park and the accused's adjacent premises, to establish the context.
• Complainant's own statement: Recorded before the Magistrate under Section 183 BNSS for additional evidentiary weight.

How the Police Behave in Such Cases

In neighbour disputes involving assault in public spaces, police stations often treat the matter as a "civil quarrel" and try to mediate rather than register an FIR. Officers may pressure both sides to shake hands and leave. This is especially common when the accused are local residents with some standing in the area. Make no mistake, if a cognizable offence is disclosed, registration is mandatory under Lalita Kumari v. Government of UP, 2014. A formally submitted written complaint with documented evidence and a follow-up by your advocate typically changes the response considerably.

Timeline of Legal Process

• Day 1-3: File written complaint at police station; retain acknowledgement. Collect witness contacts and medical certificate.
• Week 1-2: FIR registered (or approach SP / Magistrate if refused). Police begin preliminary inquiry.
• Week 2-8: Police investigation, recording of witness statements, collection of CCTV and other evidence.
• Within 60-90 days: Chargesheet filed before the Magistrate under Section 193 BNSS.
• Month 3-4: Magistrate takes cognizance, issues summons or warrants to accused.
• Month 4-6: Framing of charges before the trial court.
• Month 6 onwards: Trial commences — examination of prosecution witnesses, defence evidence, arguments.
• Final judgment: Typically 1-3 years for trial courts, depending on case complexity and witness availability.
• Appeal: Sessions Court, then High Court, then Supreme Court if required.

How Long Will the Investigation Take?

For offences of this nature, the BNSS prescribes a chargesheet deadline of 60 days from the date of arrest of the accused, extendable to 90 days in some situations. If no arrest is made, investigation timelines can stretch. Practically, with active follow-up by the complainant's advocate, things

Facing a similar matter? Speak to a criminal lawyer in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.